PURPOSE: This rule establishes the proper procedures and parties necessary for a trial de novo in the circuit court following an administrative hearing sustaining the suspension or revocation of a person’s driving privilege pursuant to section 302.530, RSMo.

1. (1) Upon the filing of a petition for trail de novo, process shall be served personally or by certified mail upon the Director of Revenue, Harry S Truman State Office Building, Room 670, 301 West HIgh Street, Jefferson City, MO 65105.
2. (2) The case shall be decided by the judge sitting without a jury.
3. (3) A restricted driving privilege issued pursuant to section 302.535.2, RSMo shall not be issued until the petitioner for the trial de novo has completed the first thirty (30) days of the administrative suspension.
4. (4) The department shall not issue a restricted driving privilege to a petitioner whose driving record shows any prior alcohol-related enforcement contact during the immediately preceding five (5) years.
5. (5) The director of revenue shall be represented at trials de novo under section 302.535.1, RSMo by attorneys from the Department of Revenue, Office of the General Counsel.

AUTHORITY: sections 302.530 RSMo 2000 and 302.525 and 302.535, RSMo Supp. 2002.* Original rule filed Feb. 3, 1984, effective May 11, 1984. Amended: Filed Aug. 14, 1984, effective Dec. 13, 1984. Amended: Filed Oct. 1, 1985, effective Dec. 26, 1985. Amended: Filed Nov. 12, 1991, effective March 9, 1992. Amended: Filed July 2, 1992, effective Feb. 26, 1993. Amended: Filed Aug. 23, 2002, effective Feb. 28, 2003. *Original authority: 302.525, RSMo 1983, amended 1984, 1991, 2002; and 302.530, RSMo 1983, amended 1984, 1996; and 302.535, RSMo 1983, amended 1984, 1996, 2001, 2002.